An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can help protect those who’s financial security has been affected due to exposure to the hazardous mineral. Compensation may cover medical costs funeral and burial costs as well as pain and suffering and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a regional, national and local scale. As such, we are familiar with the unique issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions like mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and it is crucial to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous substance. In recent times, there have been more lawsuits against former asbestos producers than ever before. These cases are the result of the realization that asbestos is associated with illnesses such as mesothelioma or lung cancer. These companies were aware of asbestos’ dangers, but failed to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the surrounding community.
Many workers were exposed to asbestos in their work environments. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses who wear husband’s clothes to work and come into contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been wrongly named as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number could increase even more. Specialized asbestos law firms typically advertise on daytime TV and encourage victims to submit claims under the premise that they will receive substantial settlements.
The defendants could be able to reduce the cost of these cases by arguing their policy periods are expired or that they are only responsible only a small percentage of the value of the claim. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure occurs partly within and outside the policy period of the insurer.
asbestos legal-related diseases
Exposure to asbestos can cause various ailments. The mesothelioma condition is the most serious. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the ribcage, chest cavity, and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They can also cause pain and discomfort in breathing, however they are not the cause of mesothelioma or cancer.
Symptoms of asbestos-related disease often do not manifest until decades after initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing products from their workplaces and their spouses and children of asbestos-related exposure.
Other asbestos-related illnesses, apart from mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it’s much less frequent than the general mesothelioma. It is usually diagnosed later than other kinds of mesothelioma because it is a cancer that develops in the lining of the reproductive organs and symptoms can be similar to those of other illnesses.
A number of companies used asbestos in the 20th century, however they were aware that it was hazardous. They exposed thousands of people to asbestos because they didn’t eliminate it from their products. These people now are able to seek financial compensation. Many asbestos-related companies have declared bankruptcy. The victims can now seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and consumers for decades creating dangerous products without warning of the dangers. They are now facing the consequences of their inattention. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek maximum compensation for our clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Judges have also created specialized procedures to evaluate and resolve such cases.
New York is one such state, with its own asbestos court, known as NYCAL. The number of cases in this court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. The New York Supreme Court created a special judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or not. Judges will also consider the merits of each case to decide how much money a plaintiff should be awarded.
The panel is currently examining more than 3500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits can be complicated and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated matters. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel and ensure cost-effective, consistent defenses for each client. They have worked closely in the past with trial judges, coordination judges, and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and property owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related diseases. The firm collaborates with clients on developing internal programs to identify and deal with potential liability and safety concerns.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, supervises local and regional counsel, and ensures a consistent and cost-effective defense that is in sync with client objectives. In addition it plays a crucial role in the administration of asbestos Claim dockets as well as negotiations with counsel for plaintiffs and lead discovery for its clients.
The firm’s attorneys have a wealth of trial and appellate experience, defending clients against claims by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and product liability personal injury lawsuits as well as in cases that have been consolidated involving multiple plaintiffs. She has extensive experience litigating asbestos lawsuit-related lawsuits before the state and federal courts as well as various appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about claimants, such as medical reports, work histories and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to have a password in order to access the files. She could then review any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience in addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm collaborates closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience defending companies against appeals.